ORDINANCE NO. 06-279

AN ORDINANCE OF THE TOWN OF PINETOP-LAKESIDE, ARIZONA, AMENDING THE OFFICIAL ZONING MAP OF THE TOWN TO REZONE APN 311-50-004A, LOCATED AT 299 WEST WOODLAND LAKE ROAD FROM R-LOW TO MANUFACTURED HOME NEIGHBORHOOD ZONING DISTRICT (MH-4).

WHEREAS, the Planning and Zoning Commission held a public hearing on the proposed amendment July 18, 2006, and

WHEREAS, the Planning and Zoning Commission has by official action made a recommendation for approval of the Zone Change to the Town Council, and

WHEREAS, the Town Council held a public hearing on October 19, 2006 and has considered comments regarding this proposed rezoning, and

WHEREAS, the Town Council has determined that the rezoning of the subject property is appropriate and not detrimental to the public health, safety and welfare.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Town Council of the Town of Pinetop-Lakeside as follows:

Section 1: That the following described property is hereby rezoned from R-Low to MH-4, Manufactured Home Neighborhood Zoning District, as per Chapter 17.44 of the Pinetop-Lakeside Town Code. The parcel description is as follows: 299 West Woodland Lake Road, APN 311-50-004A, consisting of approximately six (6) acres. A full legal description of this property is attached as Exhibit “A,” and incorporated herein by reference.

Section 2: The property shall maintain all R-Low lot dimensions, and shall maintain one-acre minimum lot sizes, one hundred fifty foot (150’) minimum lot widths in perpetuity.

Section 3: Only one (1) manufactured home may be sited on this six-acre property. All other homes, buildings or other improvements built on this property shall be in full compliance with R-Low building requirements.

Section 4: The conditions stated in this Ordinance 06-279 shall exist in perpetuity, shall run with the land, and the current owner(s), their assigns, and their successors in interest shall be bound by the conditions set forth herein. The Town, not the property owner, would be the holder and enforcer of these conditions and the Town will have the sole power to remove these conditions.

Section 5: The current owner(s) of the property and the Town shall sign an agreement setting forth these conditions and promises, and this Ordinance and that agreement shall be recorded in the Navajo County Records.

Section 6: The official Zoning Map of the Town of Pinetop-Lakeside is hereby amended and shall reflect an MH-4, Manufactured Home Neighborhood Zoning District designation in accordance with this Ordinance, three (3) copies of which shall be available for public review and inspection in the Office of the Clerk, Town of Pinetop-Lakeside.

PASSED AND ADOPTED by the Mayor and Town Council of the Town of Pinetop-Lakeside, Arizona, this 19^th day of October 2006, by a vote of _____ ayes, _____ nays.

TOWN OF PINETOP-LAKESIDE

LARRY VICARIO, MAYOR

ATTEST:

LU ANNE FROST, TOWN CLERK

APPROVED AS TO FORM AND CONTENT:

JACK BARKER, TOWN ATTORNEY

LEGAL DESCRIPTION

APN 311-50-004A

PARCEL I:

Beginning at a point 628 feet West of the Northeast corner of the Northeast quarter of the Northwest quarter of Section 6, Township 8 North, Range 23 East of the Gila and Salt River Base and Meridian, Navajo County, Arizona; thence West 12 rods; thence South 40 rods; thence East 12 rods; thence North 40 rods to the point of beginning.

PARCEL II:

The Northeast quarter of the Southwest quarter of the Northeast quarter of the Northwest quarter of Section 6, Township 8 North, Range 23 East of the Gila and Salt River Base and Meridian, Navajo County, Arizona.

EXCEPT commencing at the Northwest corner of the North half of the Southwest quarter of the Northeast quarter of the Northwest quarter of said Section 6 and running thence North 89 degrees 47 minutes 12 seconds East along the North line 355.83 feet; thence South 0 degrees 16 minutes 40 seconds West 13.19 feet; thence North 89 degrees 45 minutes 58 seconds West 355.76 feet; thence North 0 degrees 09 minutes 05 seconds West 10.11 feet to the true point of beginning.

EXHIBIT “A”